Chapter 2: Foundations of Law and Crime: Nature, Elements,
and Defenses
Test Bank
Multiple Choice
1. The
Code of Hammurabi set out crimes and punishments based on which philosophy?
A.
mens rea
B.
lex talionis
C.
stare decisis
D.
actus rea
Ans:
B Learning Objective: 2-1: Explain how modern-day law evolved from English
common law.
Cognitive
Domain: Knowledge
Answer
Location: Common Law and its Progeny
Difficulty
Level: Easy
2. Which
of the following is true of common law?
A.
It is based on the French civil code.
B.
It refers to the collections of rules, customs, and traditions of 17th century
France.
C.
It refers to the American tradition of following legal precedent.
D.
It refers to collections of rules, customs, and traditions of medieval England.
Ans:
D
Learning
Objective: 2-1: Explain how modern-day law evolved from English common law.
Cognitive
Domain: Comprehension
Answer
Location: Common Law and its Progeny
Difficulty
Level: Medium
3. Which
doctrine binds courts of equal or lesser levels within a jurisdiction to the
principles established by higher appellate courts within the same jurisdiction?
A.
mens rea
B.
actus rea
C.
stare decisis
D.
lex talionis
Ans:
C
Learning
Objective: 2-1: Explain how modern-day law evolved from English common law.
Cognitive
Domain: Knowledge
Answer
Location: Common Law and its Progeny
Difficulty
Level: Easy
4. Which
describes the “eye for an eye, tooth for a tooth” crimes and punishments model?
A.
mens rea
B.
lex talionis
C.
stare decisis
D.
actus rea
Ans:
B Learning Objective: 2-1: Explain how modern-day law evolved from English
common law.
Cognitive
Domain: Comprehension
Answer
Location: Common Law and its Progeny
Difficulty
Level: Easy
5. Which
is the most distinctive aspect of Anglo-American law?
A.
mens rea
B.
lex talionis
C.
stare decisis
D.
actus rea
Ans:
C
Learning
Objective: 2-1: Explain how modern-day law evolved from English common law.
Cognitive
Domain: Comprehension
Answer
Location: Common Law and its Progeny
Difficulty
Level: Easy
6. A
state’s Supreme Court justice sets a precedent by interpreting and applying one
of the state’s laws in a particular way. On a similar case, a justice in a
lower court adheres to the Supreme Court justice’s interpretation of the same
law. What is this an example of?
A.
mens rea
B.
lex talionis
C.
stare decisis
D.
actus rea
Ans:
C
Learning
Objective: 2-1: Explain how modern-day law evolved from English common law.
Cognitive
Domain: Application
Answer
Location: Common Law and its Progeny
Difficulty
Level: Hard
7. In
some ancient societies, the punishment for stealing was to have one’s hand cut
off. This is an example of which source of law?
A.
mens rea
B.
lex talionis
C.
stare decisis
D.
actus rea
Ans:
B
Learning
Objective: 2-1: Explain how modern-day law evolved from English common law.
Cognitive
Domain: Application
Answer
Location: Common Law and its Progeny
Difficulty
Level: Hard
8. Our
modern system of law is based upon which of the following?
A.
Code of Hammurabi
B.
lex talionis
C.
stare decisis
D.
common law
Ans:
D
Learning
Objective: 2-1: Explain how modern-day law evolved from English common law.
Cognitive
Domain: Comprehension
Answer
Location: Common Law and its Progeny
Difficulty
Level: Medium
9. The
United States system of government is based upon which of the following
concepts?
A.
statutory law
B.
civil law
C.
federalism
D.
precedence
Ans:
C
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Comprehension
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Medium
10. Which
of the following describes the concept of federalism?
A.
retaliation or revenge as punishment for crimes
B.
application of a higher court’s precedent in lower courts
C.
decision of jurors after consideration of evidence
D.
division of power between national government and local governments
Ans:
D
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Knowledge
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Easy
11. Sources
of federal law include all of the following EXCEPT ______.
A.
U.S. Constitution
B.
U.S. Supreme Court
C.
state traffic laws
D.
laws enacted by Congress
Ans:
C
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Knowledge
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Easy
12. Which
of the following is considered to be the “supreme law of the land?”
A.
U.S. Constitution
B.
Federal statutes
C.
Administrative laws
D.
Federal common law
Ans:
A
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Knowledge
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Easy
13. Which
of the following is a correct example of hierarchical prioritization of laws?
A.
State constitutional law, the U.S. Constitution, and municipal codes
B.
State constitutional law, state statutes, and federal statutes
C.
The U.S. Constitution, state constitutional law, and state statutes
D.
The U.S. Constitution, state constitutional law, and federal statutes
Ans:
C
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Comprehension
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Medium
14. Which
are laws enacted by Congress?
A.
bills
B.
ordinances
C.
codes
D.
statutes
Ans:
D
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Knowledge
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Easy
15. Which
of the following statements is true regarding hierarchy of law?
A.
State constitutions may give greater protection than the U.S. Constitution, but
cannot give less.
B.
Federal common law includes civil and criminal laws enacted by Congress.
C.
Municipal ordinances take precedence over state statutes.
D.
Federal statutes establish legal precedent, and lower courts in the federal
system must follow these decisions.
Ans:
A
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Comprehension
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Medium
16. Published
decisions from the U.S. Supreme Court and the U.S. Circuit Courts of Appeal are
considered which of the following?
A.
federal statues
B.
administrative laws
C.
federal common laws
D.
state constitutional laws
Ans:
C
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Comprehension
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Medium
17. The
Occupational Safety and Health Administration (OSHA) regulates work
environments throughout the United States. Orders and directives released by
OSHA on items that workplaces must adhere to in order to be a safe work
environment would be considered which of the following?
A.
federal statues
B.
administrative laws
C.
federal common laws
D.
state constitutional laws
Ans:
C
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Comprehension
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Medium
18. Which
type of law would building and construction standards in a particular city be
considered?
A.
municipal ordinance
B.
administrative law
C.
federal statute
D.
state constitutional law
Ans:
A
Learning
Objective: 2-2: Describe the three sources of law in the U.S. legal system.
Cognitive
Domain: Comprehension
Answer
Location: Modern-Day Sources and Hierarchy of Law
Difficulty
Level: Medium
19. Which
of the following is indicative of a case involving civil law?
A.
The state or government prosecutes a person accused of murder on behalf of the
people.
B.
The plaintiff is required to prove the defendant’s guilt “beyond a reasonable
doubt.”
C.
The defendant and plaintiff both claim ownership to the same plot of land.
D.
The plaintiff is required to prove their case by a “preponderance of the
evidence.”
Ans:
D
Learning
Objective: 2-3: Identify the differences between criminal and civil law.
Cognitive
Domain: Comprehension
Answer
Location: Criminal and Civil Law
Difficulty
Level: Medium
20. ______
is the body of law that defines criminal offenses and prescribes punishments
for their infractions.
A.
Civil law
B.
Criminal law
C.
Procedural law
D.
Substantive law
Ans:
B
Learning
Objective: 2-3: Identify the differences between criminal and civil law.
Cognitive
Domain: Knowledge
Answer
Location: Criminal and Civil Law
Difficulty
Level: Easy
